What is the Statute of Limitations in a Texas Rollover Accident?
While you have the right to pursue compensation after suffering an injury or losing a family member in a rollover accident, the right to file a personal injury or wrongful death claim comes with a time limit - a statute of limitations.
At Grossman Law Offices, our attorneys are devoted to assisting accident victims and their families with their quests to be adequately compensated. Thus, we want you to understand the statute of limitations in a Texas rollover accident case and how it affects your ability to be compensated.
How Long is the Statute of Limitations in a Rollover Accident?
The statute of limitations is the amount of time you have to file a personal injury or wrongful death lawsuit following any accident - not just a rollover accident. After the limitations have run, you are completely barred from making a claim.
From state to state, the statute of limitations for different legal situations can fluctuate. In Texas, the statute of limitations for a personal injury or wrongful death claim runs for two years after the victim or the decedent's family has become aware of the injury or fatality. Let us illustrate. If you were driving a car when it rolled over due to faulty tires, causing you to break both your arms, then you have two years from the date of the accident to file a personal injury claim. However, if your mother died in a similar accident, but you didn't learn about it for two months after it occurred, then you would have two years from the day you were informed.
Exceptions for Minors
When a minor has been injured or lost his or her parents in a rollover accident, the standard for the statute of limitations changes. While it is expected that a reasonable adult can understand the legal ramifications of bringing a personal injury or wrongful death lawsuit, a child can't be expected to understand these things fully. Thus, the state of Texas extends the statute of limitations in a rollover accident case until two years after the minor has turned 18, or in other words, when he or she turns 20. On the other hand, the child's parent or another representative adult can pursue legal action in the name of the child while he or she is still a minor.
Don't Play Around with the Statute of Limitations
While you may have two years to file legal action after being injured in a rollover accident (or longer if you're a minor), you don't want to wait to get the ball rolling. Rather, you can give your lawyer a much better chance of finding the evidence you need to prove the negligence of the liable party the sooner he or she can begin investigating. Evidence in any car accident will not remain in stasis forever.
If you'd like to know how our attorneys can assist with your Texas rollover accident or you have questions about the statute of limitations, then call us today for a free consultation at (855) 326-0000 (toll free).